Finance Act 1998

[F151D(1)This paragraph applies where—U.K.

(a)a trade, profession or business is carried on by two or more persons in partnership,

(b)an amount is paid, or liable to be paid, by one or more of those persons in accordance with a self-assessment, and

(c)the amount is excessive by reason of a mistake in a partnership return.

(2)A claim under paragraph 51 in respect of the amount—

(a)may be made by the relevant partner nominated to make the claim by all of the relevant partners, and

(b)may not be made by any other person.

(3)In relation to such a claim, references in paragraphs 51A to 51F to the claimant are to any of the relevant partners.

(4)Relevant partner” means—

(a)a person who was a partner in the partnership at any time during the period in respect of which the partnership return was made, or

(b)the personal representative of such a person.]

Textual Amendments

F1Sch. 18 paras. 51-51G and cross-headings substituted for Sch. 18 para. 51 (with effect in accordance with s. 100(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 52 para. 13

Modifications etc. (not altering text)

C1Sch. 18 paras. 50-50G applied (with modifications) (8.4.2010) by Finance Act 2010 (c. 13), Sch. 1 paras. 31, 33

C2Sch. 18 paras. 51-51G applied (with modifications) (temp.) (with effect in accordance with Sch. 10 para. 43 of the amending Act) by Finance Act 2022 (c. 3), Sch. 10 para. 24 (as amended (5.1.2023) by The Finance Act 2022, Schedule 10 (Public Interest Business Protection Tax) (Substitution of Date) Regulations 2022 (S.I. 2022/1321), reg. 2(2))